Los Angeles DA George Gascon will review new evidence in Menendez brothers murder case

Erik and Lyle Menendez were found guilty of killing their parents in August 1989

Convicted killer Lyle Menendez reveals his plans for freedom in jailhouse call to packed auditorium

Lyle Menendez, who along with his brother Erik infamously massacred their parents in a Los Angeles home in 1989, is appealing his sentence of life without parole and could go free under new California law. (Courtesy: CrimeCon)

Progressive Los Angeles County District Attorney George Gascon said his office will review what he said was new evidence that Erik and Lyle Menendez were possibly molested, which could result in their sentences being re-evaluated in a case that has drawn significant media coverage even more than 30 years after they killed their parents.

Gascon said he hasn’t made a determination on the matter. 

"We will evaluate all of it," he said, referring to the new evidence.

"We’re not ready to believe or not believe that information," he told reporters at a news conference. "But we’re here to tell you that we have a moral and ethical obligation to review what is being presented to us and make a determination."

MENENDEZ BROTHER, WHO GUNNED DOWN PARENTS, SLAMS NEW SHOW FOR ‘DISHONEST PORTRAYAL’

Erik and Lyle Menendez listen during their trial in the 1990s.

Erik and Lyle Menendez listen during their trial in the 1990s. Los Angeles County District Attorney George Gascon said his office will review new evidence in the brothers' murder case. (Ted Soqui/Sygma)

Joseph Lyle Menendez, 56, and Erik, 53, were convicted of shooting their parents, Jose and Mary "Kitty" Menendez, to death in their Beverly Hills mansion in 1989. Kitty Menendez was killed after she was shot and the brother reloaded before firing the final blow, prosecutors said. 

Following a mistrial, the pair were convicted of the killings in a second trial and ordered in 1996 to serve life in prison. 

However, they have recently been seeking reduced sentences. Both are currently being held in the Richard J. Donovan Correctional Facility in San Diego. 

The case drew significant media attention because of the family's wealth – Jose Menendez was an entertainment executive – and the nature of the crime. 

Initially, theories arose that the slayings were the work of the mafia.

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Los Angeles District Attorney George Gascon

Los Angeles County District Attorney George Gascon said his office will review what he said was new evidence that Erik and Lyle Menendez were possibly molested. (Myung Chun / Los Angeles Times via Getty Images)

The brothers eventually admitted to carrying out the slayings, but said they were repeatedly sexually assaulted by their father and feared for their lives. They have repeatedly appealed their convictions. 

Prosecutors argued there was no evidence that the pair were molested, but committed the murder because they were after their parents' multimillion-dollar estate.

They were motivated by greed, prosecutors said, pointing to their lavish spending sprees after the killings. Defense attorneys argued the pair suffered abuse from their father and killed their parents in self-defense. 

A new eight-part Netflix true crime drama, "Monsters: The Lyle and Erik Menendez Story," has sparked a resurgence of interest in the case. 

In a statement on X posted by Tammy Menendez, wife of Erik Menendez, called the show a "dishonest portrayal of the tragedies," saying prosecutors "built a narrative on a belief system that males were not sexually abused, and that males experience rape trauma differently from women."

Menendez family photo from the 1980s

An undated photo of the Menendez family as it appears on screen during a panel at CrimeCon 2024 in Nashville, Tennessee, on Sunday, June 2. The brothers Lyle and Erik were convicted of fatally shooting both of their parents in 1989.  (Michael Ruiz/Fox News Digital)

A year ago, the brothers filed a writ of habeas corpus asking the court to vacate their 1996 conviction. It cited the "Menendez + Menudo: Boys Betrayed" Peacock docuseries in which Roy Roselló, a former member of the popular 1980s Puerto Rican boy band Menudo, alleged that Jose Menendez sexually assaulted him. 

The brothers said the new allegations back their claims of self-defense after years of abuse by their parents. In the nearly three decades that have passed since their convictions, Gascon said he believes sexual assault would have been treated with more sensitivity if the case had happened in the present. 

He said his office will review new evidence and decide whether the case should be considered for re-sentencing. A hearing was scheduled for Nov. 29.

Lyle and Erik Menendez appear in mugshots taken in 2023

Lyle, left, and Erik, right, are pictured in recent mugshots from 2023. After years apart, they were moved into the same housing unit at Richard J. Donovan Correctional Facility in San Diego in 2018, according to the New York Daily News. (California Department of Corrections)

Gascon, who is seeking re-election following two failed recall attempts over his progressive criminal justice policies, noted that more than 300 people have been re-sentenced during his term, and only four have gone on to commit a crime again.

Louis Casiano is a reporter for Fox News Digital. Story tips can be sent to This email address is being protected from spambots. You need JavaScript enabled to view it..

Authored by Louis Casiano via FoxNews October 3rd 2024